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2006-633128 Please compfete this Infornmdom DCC # 2006-0633128 RECORDING REQUESTED BY: �P ; IIIIIIIIIIIIIIIIIIIIIII111111IlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIl1111 AND WHEN RECORDED MAIL.TO: SEP 06, 2006 11:08 AM OFF0 RECORDS Gf)r j C 4tC SAN DIEGO COUNTY RECORDER'S OFFICE ` ( GREGORYJ.SMITH.COUNTY RECORDER PAGES. 25.00 AS, IIBI09�IUIUBfuI��111111 MIN MIN 0110111011101 �63312� Space above this line reserved for Remrder's Use Only Govt.Code 27361.6 bsJdt�rv..1�.1:V � 1Cl �t�l (Please fill in document title(s)an this line Govt.Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt.Code 27361.6 (Additional recording fee applies) CONDOMINIUM PLAN SHEET A2 OWNER'S CERTinCATE 5434 WE, THE UNDERSIGNED, BEING ALL PARTIES REQUIRED TO EXECUTE THIS CERTIFICATE, DO HEREBY CONSENT TO THE RECORDATION OF THIS CONDOMINIUM PLAN PURSUANT TO CHAPTER 1, TITLE 6, PART 4, DIVISION SECOND, CALIFORNIA CIVIL CODE SECTION 1351(a), CONSISTING OF: (A) CERTIFICATES, (B) NOTES AND DEFINITIONS, (C) A PERIMETER BOUNDARY MAP REFERENCING GROUND MONUMENTATION, AND (D)THREE-DIMENSIONAL DESCRIPTIONS OF ALL COMPONENTS OF THIS CONDOMINIUM PROJECT. BY OW B: GARY O Dated BY WORLD SAVINGS BANK, FSB,A FEDERAL SAVINGS BANK, BENEFICIARY PER DEEDS OF TRUST RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON Dated B0; a Q6 11/06/2001 FILE No. 2001-0808653 AND ON 7/24/20AALE No. 200 6192 O BY: � Oi�G 4�i5 A/� vm�� Dat s Y -s Da lad �e�S �-ST'V re-e— /�5 STATE OF etTF6RNM) SS. COUNTY OF 5*N BIE0e)aeW ON a , 200(1, BEFORE ME, THE UNDERSIGNED, NOTARY PUBLIC, PERSONALLY APPEAR D GARY C.ATWOOD, PROVED TO ME, ON THE BASIS OF SATISFACTORY EVIDENCE,TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY,AND THAT BY HIS SIGNATURE ON THE INSTRUMENT, THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED, EXECUTED THE INSTRUMENT. WI H D AND O IAL ST41MP: EIONGOM 3r5oNOa+�s VV...! N°w"0"142008 STATE OF SS. COUNTY OF ON ,200&,BEFO ME,,THE UNDERSIGNED NOTARY PUBLIC,PERSONALLYAPPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON E BASIS OF SATISFACTORY EVIDENCE),TOBETHEPERSON(S)WHOSE NAME(S)IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TOME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITY,AND THAT BY THEIR SIGNATURE ON THE INSTRUMENT,THE PERSON(S),OR THE ENTITY UPON BE OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT. 1 tES H D OFFICIAL STAMP ` 'V�' zAN NICOIFSU/ANNE LONGOFiIA IAY COIAYI-SIM EXPINE9 Nwober 18,2008 CONDOMINIUM PLAN SHEET 131 NOTES AND DEFINITIONS 5435 1. THIS CONDOMINIUM PLAN ESTABLISHES THE SPATIAL CONFIGURATION OF ALL OF THE COMPONENTS OFA CONDOMINIUM PROJECT COMMON INTEREST DEVELOPMENT, AS SAID DEVELOPMENT IS DEFINED IN CALIFORNIA CIVIL CODE SECTION 1351(c), AND HAS BEEN PREPARED IN ACCORDANCE WITH SECTION 1351(e) OF SAID CIVIL CODE. 2. "CONDOMINIUM", AS SAID TERM IS USED HEREIN, SHALL MEAN AN ESTATE IN REAL . PROPERTY AS DEFINED IN CALIFORNIA CIVIL CODE SECTION 1351(f AND SHALL CONSIST OF AN UNDIVIDED FRACTIONAL FEE INTEREST IN THE COMMON AREA,TOGE- THER WITH A SEPARATE FEE INTEREST IN A UNIT AND ALL EASEMENTS APPURTENANT THERETO. 3. THE "CONDOMINIUM PROJECT' SHOWN ON THIS CONDOMINIUM PLAN IS OVER ALL OF THE REAL PROPERTY WITHIN THE PARCEL OF LAND DESCRIBED BELOW IN THE LEGAL DESCRIPTION,TOGETHER WITH ALL OF THE STRUCTURES AND IMPROVEMENTS CONSTRUCTED OVER, UPON, ACROSS, AND UNDER SAID REAL PROPERTY, WITH THE BOUNDARY OF SAID CONDOMINIUM PROJECT BEING SHOWN HEREIN ON THE "PERI- METER BOUNDARY MAP": LEGAL DESCRIPTION: IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LOT 7 OF BLOCK 5 OF MAP No. 1776 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JANUARY 11, 1924, EXCEPTING THEREFROM THAT PORTION OF THE WESTERLY 115.00 FEET LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE NORTHERLY 20.00 FEET OF SAID LOT. 4. "UNIT', AS SAID TERM IS USED HEREIN, SHALL MEAN A SEPARATE INTEREST IN SPACE AS DESCRIBED IN SECTION 1351(}) OF THE CALIFORNIA CIVIL CODE. EACH OF THIS CONDOMINIUM PROJECTS UNITS IS SHOWN HEREIN, AS UNIT NUMBERS 1 AND 2, IN THE "UNIT PLAN". EACH UNIT IS A SPACE, BOUNDED BY THE HORIZONTAL AND VERTI- CAL LIMITS DESCRIBED IN THE"UNIT PLAN",AND INCLUDES EVERYTHING LYING WITHIN SAID SPACE,INCLUDING EARTH,AIR,AND BUILDING STRUCTURE. THE VERTICAL LIMITS OF EACH UNIT ARE THE PLANAR SURFACES (BEING GEOIDAL, THESE SURFACES ARE SLIGHTLY CURVED) DESCRIBED IN THE"UNIT PLAN". THE HORIZONTAL LIMITS OF EACH UNIT ARE VERTICAL PLANES AT THE LOCATIONS SHOWN IN THE "UNIT PLAN", SAID LOCATIONS BEING ATTHE GROUND SURFACE ELEVATION WHEREUPON THE BOUNDARY CONDOMINIUM PLAN SHEET 62 NOTES AND DEFINITIONS - continued 5436 MONUMENTS SHOWN HEREON (ON SHEET Cl)WERE SET AND SAID VERTICAL PLANES BEING ORIENTED SUCH THAT THEY INCLUDE THE CENTER OF THE EARTH UPON THEIR SURFACE. WHERE THE COURSE DATA FOR THE UNIT HORIZONTAL LIMITS, AS LISTED IN THE "UNIT PLAN IS QUALIFIED THEREON SUCH THAT THE CORRESPONDING HORI- ZONTAL LIMIT IS LOCATED, RELATIVE TO A PHYSICAL FEATURE,AS DESCRIBED THERE- ON (THE QUALIFICATION BEING SENIOR TO THE LISTED COURSE DATA,WITH THE DATA BEING ADJUSTED IN ACCORDANCE WITH THE QUALIFICATION),THE PORTION OF THE HORIZONTAL LIMITS PLANAR SURFACE THAT IS ADJOINING THE FEATURE MAY NOT BE EXACTLY VERTICAL; HOWEVER, THE PORTION OF THE SURFACE NOT ADJOINING THE FEATURE IS VERTICAL (BEING ORIENTED SUCH THAT SAID PORTION OF THE HORI- ZONTAL LIMITS PLANAR SURFACE INCLUDES THE CENTER OF THE EARTH UPON ITS SURFACE). 5. "COMMON AREA", AS SAID TERM IS USED HEREIN, IS ALL OF THE HEREIN-DEFINED CONDOMINIUM PROJECT, EXCEPTING ALL OF THE UNITS. AS NOTED IN THE "UNIT PLAN",THIS CONDOMINIUM PROJECT IS CONFIGURED SUCH THAT THERE IS COMMON AREA LYING AT EXISTING GROUND SURFACE ELEVATION AS WELL AS LYING ABOVE AND BELOW THE TWO UNITS. 6. THE ESTABLISHMENT OF THE CONDOMINIUM PROJECT COMMON INTEREST DEVELOP- MENT SHOWN ON THIS CONDOMINIUM PLAN IS TO BE ACCOMPLISHED BY THE EXECU- TION AND RECORDATION OF: (1) THIS CONDOMINIUM PLAN, (2) THE ASSOCIATED "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS", AND (3) THE DEEDS GRANTING EACH OF THE PROJECTS UNITS, WITH EACH DEED DESCRIBING, WITH REFERENCE TO THIS CONDOMINIUM PLAN, THE FEE INTEREST IN THE RESPEC- TIVE UNIT,THE APPURTENANT FRACTIONAL INTEREST IN THE COMMON AREA,AND THE APPURTENANT EASEMENT RIGHTS, IF ANY, AND WITH EACH DEED CONDITIONING AND RESTRICTING SAID INTERESTS BY REFERENCE TO SAID DECLARATION. CONDOMINIUM PLAN SHEET Cl PERIMETER BOUNDARY MAP 5437 / SEE THE "LEGEND° ON SHEET C2 FOR MONU- MENT DESCRIPTIONS. AVVEI�UE,50•W SEE THE `UNIT PLAN" E MES t lW N1520 p0 FOR THE CONFlGURA- " H L TION OF EACH UNIT. N � 5-435 , -10� 0f BR05. o+rn v Lo c'; J --1 CJ N o J w w y _ di Im Lr�r x 50•W 60-11 k- to N `� �• N1543 > to 1 'Z -� w y `� ✓ ,w ern:° / a,cp: • N15 43 p1,W g0.19 SCALE. 10--30' Por. LD7 U MAP ills CONDOMINIUM PLAN SHEET C2 PERIMETER BOUNDARY MAP, continued 5438 .a. n,. BATIQUiTOS �. c'9,p� LAGOON — 1 i `�s�9D 4-, C LA COSTA AVE / 1 j E N ST. 0 1 � n z1 p ,rn j NOT TO 1� m (A D� 9 SCALE 1 ' c > s'/� A S VICINITY 111 MAP � �—� eL LEGEND: QQ INDICATES FNO. 112" REBAR, WITH CAP MARKED 'LS 6312-, SET PER R.O.S. 18680. ■ INDICATES FND. 112' REBAR, WITH CAP MARKED IS 6312', SET PER R.O.S. 18880, AT 2'X2' 0/S. INDICATES PERIMETER BOUNDARY OF CONDOMINIUM PROJECT BASIS OF BEARINGS: THE BEARING OF THE LINE BETWEEN THE BOUNDARY CORNER OFFSET MONUMENTS SHOWN AS SET ON R.O.S. No. 18880 ALONG THE RIGHT-OF-WAY OF HERMES AVE., BEING: NORTH 15 43'50" WEST BASIS OF ELEVATIONS: THE BENCHMARK °OC 01400, PER THE COUNTY OF SAN DIEGO VERTICAL CONTROL BOOK, WITH THE NGVD29-DATUM ELEVATION PUBLISHED THEREIN BEING: 77.489' CONDOMINIUM PLAN SHEET Dl UNIT PLAN 1 SCAL3 05439 SEE ITEMS 4, 5, AND 6 IN NOTES AND D£FlNITIONS" RE- -W GARDING "UNIT PLAN" DATA. Nt52�p0 ' z .- C"1 3 O N C1 °: o R=17.00' m Q o 0=7333'00' r Z, L=21.82' NOTES: 4. NOTE "A APPROXIMATE LOCATION y OF GAS AND ELECTRIC METERS (TO BE REFERENCED IN DEEDS). ,OR'70 041T NOTE "B 3 INDICATES EXTERIOR WALL UM11S 50.W N SURFACE OF EXISTING RESIDENTIAL N15 41' p STRUCTURE. 60.1 (2v-2 �11� NOTE 'C IT IS INTENDED THAT THIS (39g1•) d3�29� HOR12ONTAL LIMIT COURSE LIES ALONG THE CENTER OF THE EXISTING REST- o, DENTIAL STRUCTURE'S COMMON WALL. DISTANCE DATA SHOWN ON THIS SHEET ':20, J IN PARENTHESES IS SUBORDINATE TO THIS COURSE QUALIFlCAT/ON (SEE ITEM SE 4 ON SHEETS B1 AND B2). - %>m N0� .A E m \ M w o UNITS 1 AND 2 UPPER LIMIT °o \ ''� u/�`�pL ELEVATION = 1,000.00'* NOR1gli * ABOVE THIS ELEVATION LIES COMMON AREA. of UN17 NOS 6 UNITS i AND 2 LOWER LIMIT.' (40.58� ELEVATION = 0.00'** (39 60') 3.01�W SO 19 ** BELOW THIS ELEVATION LIES COMMON AREA. N15